ILLINOIS POLLUTION CONTROL BOARD
January 6, 2005
IN THE MATTER OF:
PETITION OF SCA TISSUE NORTH
AMERICA, L.L.C.FOR AN ADJUSTED
STANDARD FROM: 35 Ill. Adm. Code
218.301 and 218.302(c)
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AS 05-01
(Adjusted Standard – Air)
ORDER OF THE BOARD (by G.T. Girard):
This petition for an adjusted standard was filed with the Board on October 12, 2004.
Pursuant to Section 28.1(d)(1) of the Environmental Protection Act, “petitioner shall submit to
the Board proof that, within 14 days after filing of the petition, it has published notice of the
filing of the petition by advertisement in a newspaper of general circulation in the area likely to
be affected.” 415 ILCS 5/28.1(d)(1) (2002). On December 2, 2004, the Board directed
petitioner to file proof of publication in this proceeding by December 30, 2004, or this petition
would be dismissed. On January 3, 2005, the Board received proof that the notice of the adjusted
standard was published in the
Chicago Tribune
on December 14, 2004, and
The Star Newspapers
on December 12, 2004.
Publication of notice of filing is jurisdictional. See
In re
Horsehead Resource and
Development Company, Inc., for an Adjusted Standard under 35 Ill. Adm. Code 720.131(c), AS
00-1(Aug. 5, 1999);
In re
Heritage Environmental Services, Inc. for an Adjusted Standard from
35 Ill. Adm. Code 702.126(d)(1), AS 00-14 (June 8, 2000). Petitioner’s publication of notice of
the filing of the adjusted standard did not occur within the 14-day period and, as a result, the
Board does not have statutory authority to hear the petition. Therefore, the Board dismisses this
petition for adjusted standard and the docket is closed.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 6, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board